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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1505 Reported in House (RH)]

                                                 Union Calendar No. 312
112th CONGRESS
   2d Session
                                H. R. 1505

                      [Report No. 112-448, Part I]

To prohibit the Secretaries of the Interior and Agriculture from taking 
action on public lands which impede border security on such lands, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2011

Mr. Bishop of Utah (for himself, Mr. King of New York, Mr. Hastings of 
    Washington, Mr. Smith of Texas, and Mr. Carter) introduced the 
    following bill; which was referred to the Committee on Natural 
    Resources, and in addition to the Committees on Agriculture and 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                             April 17, 2012

Additional sponsors: Mr. Coffman of Colorado, Mr. Canseco, Mr. Rehberg, 
  Mr. McClintock, Mr. Gosar, Mrs. Lummis, Mr. Chaffetz, Mrs. McMorris 
Rodgers, Mr. Royce, Mrs. Miller of Michigan, Mr. Broun of Georgia, Mrs. 
 Blackburn, Ms. Jenkins, Mr. King of Iowa, Mr. Fleming, Mrs. Ellmers, 
   Mr. Gallegly, Mr. Burton of Indiana, Mr. Duncan of Tennessee, Mr. 
Bachus, Mr. Goodlatte, Mr. Lankford, Mrs. Myrick, Mr. Westmoreland, Mr. 
 Crawford, Mr. Herger, Mr. Woodall, Mr. Luetkemeyer, Mr. Labrador, Mr. 
Gary G. Miller of California, Mr. Young of Alaska, Mr. Johnson of Ohio, 
Mr. Posey, Mr. Nunes, Mr. Brooks, Mr. Miller of Florida, Mr. Hall, Mr. 
Fleischmann, Mr. Flores, Mr. Lamborn, Mr. Gohmert, Mr. Southerland, Mr. 
   Wittman, Mr. Franks of Arizona, Mr. Calvert, Mr. Duncan of South 
  Carolina, Mr. Gibson, Mr. Poe of Texas, Mr. Pearce, Mr. McCaul, Mr. 
     Runyan, Mr. Coble, Mr. Guthrie, Mrs. Bachmann, and Mr. McKeon

                             April 17, 2012

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             April 17, 2012

    The Committees on Agriculture and Homeland Security discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               13, 2011]

_______________________________________________________________________

                                 A BILL

 
To prohibit the Secretaries of the Interior and Agriculture from taking 
action on public lands which impede border security on such lands, and 
                          for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Security and Federal Lands 
Protection Act''.

SEC. 2. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF U.S. CUSTOMS AND 
              BORDER PROTECTION RELATED TO BORDER SECURITY.

    (a) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not 
impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on land under the jurisdiction of the Secretary of the 
Interior or the Secretary of Agriculture to achieve operational control 
(as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 
1701 note; Public Law 109-367)) over the international land borders of 
the United States.
    (b) Authorized Activities of U.S. Customs and Border Protection.--
            (1) Authorization.--U.S. Customs and Border Protection 
        shall have immediate access to land under the jurisdiction of 
        the Secretary of the Interior or the Secretary of Agriculture 
        for purposes of conducting the following activities on such 
        land that assist in securing the international land borders of 
        the United States:
                    (A) Construction and maintenance of roads.
                    (B) Construction and maintenance of fences.
                    (C) Use vehicles to patrol.
                    (D) Installation, maintenance, and operation of 
                surveillance equipment and sensors.
                    (E) Use of aircraft.
                    (F) Deployment of temporary tactical 
                infrastructure, including forward operating bases.
    (c) Clarification Relating to Waiver Authority.--
            (1) In general.--Notwithstanding any other provision of law 
        (including any termination date relating to the waiver referred 
        to in this subsection), the waiver by the Secretary of Homeland 
        Security on April 1, 2008, under section 102(c)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
        described in paragraph (2) with respect to certain sections of 
        the international border between the United States and Mexico 
        and between the United States and Canada shall be considered to 
        apply to all land under the jurisdiction of the Secretary of 
        the Interior or the Secretary of Agriculture within 100 miles 
        of the international land borders of the United States for the 
        activities of U.S. Customs and Border Protection described in 
        subsection (b).
            (2) Description of laws waived.--The laws referred to in 
        paragraph (1) are the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.), the Federal Water Pollution Control 
        Act (33 U.S.C. 1251 et seq.), the National Historic 
        Preservation Act (16 U.S.C. 470 et seq.), the Migratory Bird 
        Treaty Act (16 U.S.C. 703 et seq.), the Clean Air Act (42 
        U.S.C. 7401 et seq.), the Archaeological Resources Protection 
        Act of 1979 (16 U.S.C. 470aa et seq.), the Safe Drinking Water 
        Act (42 U.S.C. 300f et seq.), the Noise Control Act of 1972 (42 
        U.S.C. 4901 et seq.), the Solid Waste Disposal Act (42 U.S.C. 
        6901 et seq.), the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the Act of 
        June 8, 1906 (commonly known as the ``Antiquities Act of 
        1906'') (16 U.S.C. 431 et seq.), the Act of August 21, 1935 (16 
        U.S.C. 461 et seq.), the Wild and Scenic Rivers Act (16 U.S.C. 
        1271 et seq.), the Farmland Protection Policy Act (7 U.S.C. 
        4201 et seq.), the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1451 et seq.), the Wilderness Act (16 U.S.C. 1131 et 
        seq.), the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.), the National Wildlife Refuge System 
        Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Fish 
        and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Fish and 
        Wildlife Coordination Act (16 U.S.C. 661 et seq.), subchapter 
        II of chapter 5, and chapter 7, of title 5, United States Code 
        (commonly known as the ``Administrative Procedure Act''), the 
        Otay Mountain Wilderness Act of 1999 (Public Law 106-145, 113 
        Stat. 1711), sections 102(29) and 103 of California Desert 
        Protection Act of 1994 (16 U.S.C. 410aaa et seq.), the National 
        Park Service Organic Act (16 U.S.C. 1 et seq.), Public Law 91-
        383 (16 U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of 
        the National Parks and Recreation Act of 1978 (Public Law 95-
        625, 92 Stat. 3467), the Arizona Desert Wilderness Act of 1990 
        (16 U.S.C. 1132 note; Public Law 101-628), section 10 of the 
        Act of March 3, 1899 (33 U.S.C. 403), the Act of June 8, 1940 
        (16 U.S.C. 668 et seq.), (25 U.S.C. 3001 et seq.), Public Law 
        95-341 (42 U.S.C. 1996), Public Law 103-141 (42 U.S.C. 2000bb 
        et seq.), the Forest and Rangeland Renewable Resources Planning 
        Act of 1974 (16 U.S.C. 1600 et seq.), the Multiple-Use 
        Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.), the 
        Mineral Leasing Act (30 U.S.C. 181, et seq.), the Materials Act 
        of 1947 (30 U.S.C. 601 et seq.), and the General Mining Act of 
        1872 (30 U.S.C. 22 note).
    (d) Protection of Legal Uses.--This section shall not be construed 
to provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, or mining, on land under the jurisdiction of the 
        Secretary of the Interior or the Secretary of Agriculture; or
            (2) any additional authority to restrict legal access to 
        such land.

SEC. 3. SUNSET.

    This Act shall have no force or effect after the end of the 5-year 
period beginning on the date of enactment of this Act.
                                                 Union Calendar No. 312

112th CONGRESS

   2d Session

                               H. R. 1505

                      [Report No. 112-448, Part I]

_______________________________________________________________________

                                 A BILL

To prohibit the Secretaries of the Interior and Agriculture from taking 
action on public lands which impede border security on such lands, and 
                          for other purposes.

_______________________________________________________________________

                             April 17, 2012

   Reported from the Committee on Natural Resources with an amendment

                             April 17, 2012

    The Committees on Agriculture and Homeland Security discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
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